H1B RFE: Can we Prove gap in payroll as medical leave?


I arrived in US on 16 OCT 2014 and started working on NOV 24 (I have the timesheets for that) and my initial project ended in only 15 days and i joined another company however my first pay stub was generated from dec 16 2014 to jan 15 2017 so there is a gap in b/w.

Attorney says that they can show this as medical leave and my employer need to provide some docs says i was on medical leave. Do you think this will work ? any other idea ?

Hi @Amit_Pulani

I would suggest you to do as the attorney says. Your attorney has access to your case details and he can recommend better action plan.

Yes, the medical leave should work if you can get the proper paper work in place.

so after the RFE response on 9th july USCIS started the clock again and was suppose to make a decision by 23rd of July however we didn’t get anything from USCIS and when attorney called they ack’d they missed the premium deadline and are still working on the case so i have few question -

  • What would be the reason why USCIS missed the date and is it a sign of any kind of issue with application.
  • My plan B was to apply for H4 EAD as my wife has a approved H1B till 2021 WITH I140 approved but my H1B petition is taking so long that im worried that by the time i get my petition decision USCIS might have revoked H4 EAD.
  • My last question is that interestingly the client my working for right now has offered me full time offer but because i already have H1B petition pending can i still have them do this, if yes , will it be a H1B transfer or a new one and in case while they apply for this if previous one decline then what? Im kind of confused, also will it count towards h1b cap and if not then can i start as soon as Full time position is approved.

Why USCIS RFE response 15 deadline missed in Premium process?

The most common reason for missing the 15 premium processing deadline is the ‘admin processing’ and ‘Security checks’.

USCIS does not reveal any more information on the delays but they do refund the premium fees of they can’t process your application within 15 calendar days.

File H1B transfer for same Client when H1B extension is pending

You can certainly file the H1B transfer and it is a separate application in its own.

The guidance will differ based on if your i94 has expired or not.
If your i94 has NOT expired, then there is no issue in filing H1B transfer and join the client (on approval).
That way, you will abandon your H1B extension (from current employer).

oh well, i94 is expired long time now and im still waiting for h1b petition to be adjucated by USCIS.

In that case, you can still file H1B transfer but it will be approved with consular processing, if it is approved at all.

This means that you will have to go out of USA, get H1B stamping in US embassy and then re-enter US with your new H1B.

How many days can one stay unpaid when employed on H1B? For example let’s say a person started new employment July 15th how long can a person stay unpaid from that day.

I think there are no limitations on that. As far as I know, you being on unpaid completely depends on your employer and you can accrue as many days as you can on H1B

@abishek1692 But I heard you always need to be paid but in what intervals is there a specific time frame?

You can never be on unpaid time on H1B. Your employer has to run your H1B payroll at all times.

If payroll stops, you are automatically ‘out of status’.

Hi @Anil_Gupta the payroll is run but there is a delay in salary to be credited will this be an issue?

I don’t understand what you mean by ‘delay’. If payroll is run, then it means that Employer is paying payroll taxes and showing in their accounts that they are paying you.